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An unstamped arbitration agreement exigible to stamp duty, is not enforceable: Supreme Court
In a recent decision, the Constitution Bench of the Supreme Court of India ("Supreme Court") answered issues referred to it in the case of Ms N.N
Hitting the Bull’s Eye
The UK Court of Appeal has provided clarity on the important issue of whether the one-year time bar under Article III Rule 6 of the Hague-Visby Rules
Defects in authorisations for signing pleadings in arbitration proceedings are curable
A Division Bench of the Bombay High Court ("Bombay HC") has in Palmview Investments Overseas Limited v. Ravi Arya & Ors. Inter alia held that an
New Jersey Determines That Class Action Waiver Untethered To An Arbitration Agreement Is Unenforceable
In Pace, et al. V. Hamilton Cove, Case No. A-0674-22 (N.J. Super. Ct. App. Div. May 18, 2023), the New Jersey Superior Court, Appellate Division
Is Your Arbitration Clause Appealing? No Appeal Available where Clause Says Dispute is “Finally Settled” by Arbitration
Subsection 45(1) of the Ontario Arbitration Act, 1991 (the "Act") provides that if an arbitration clause does not deal with appeals on questions of
Insufficiently stamped agreement and the defeat of arbitration!
Expeditious and efficacious dispute resolution is essential for creating a business-friendly environment. In its 246th Report, the Law
Arbitration. Foreign Sovereign Immunities Act. Achmea. District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision and contradicting a recent ruling of another judge from the same court on that same issue.
In 2007, two Dutch companies, AES Solar Energy Coöperatief U.A. And Ampere Equity Fund B.V. (collectively, the "Companies"), invested in renewable
APAC and Africa: ‘bright spots’ in the global economy
APAC and Africa are diverse and multifaceted regions. APAC is set to contribute 70 of global growth whilst Africa is showing remarkable resilience
Stamp Of Invalidity Or Separate But Equal? The Indian Supreme Court Says: If Unstamped, Agreement Cannot Be Acted Upon
In an India-seated arbitration, if your contract is unstamped or insufficiently stamped, the Supreme Court of India has now confirmed in its
Confidentiality versus Transparency in International Arbitration: Where to Draw the Line? French Law Perspective
This is the fourth and final article in Clyde & Co’s latest international arbitration series covering the topic of confidentiality in international
Arbitration. Enforceability. Post-Judgment Discovery. Foreign Sovereign Immunities Act. District court holds that enforcement of a judgment and post-judgment discovery is appropriate under the Foreign Sovereign Immunities Act so long as the reasonable time and notice requirements are met.
In October 2013, an Arbitral Tribunal in Paris issued an arbitration award against Respondent Republic of Moldova ("Moldova") in favor of Petitioner
Arbitration. Foreign Sovereign Immunities Act. Achmea. District court denies Spain's motion to dismiss petition to confirm 290 million arbitral award, holding that the FSIA's arbitration exception to immunity applied despite EU cases nullifying Energy Charter Treaty arbitrations, and holding that there are no adequate alternative forums for attaching U.S. assets.
Petitioners NextEra Energy Global Holdings B.V. And NextEra Energy Spain Holdings B.V. (collectively, "NextEra") are private limited liability
Is the law governing of your arbitration agreement clear?
Anupam Mittal v Westbridge Ventures II Investment Holdings 2023 SGCA 1 highlights the importance of expressly stating the law governing the
Online Dispute Resolution: A Game Changer
As online commerce has grown, so has the necessity for a dispute resolution system to handle any disagreements that may arise. In 1996, researchers
UK: New ACAS Guidance on Reasonable Adjustments for Mental Health
The Advisory, Conciliation and Arbitration Service (ACAS) recently published new non-statutory guidance, which can be accessed here, to support UK
Swiss Supreme Court finds nexus to Switzerland required for enforcement of ICSID award against foreign state assets
In Decision 5A_4062022, the Swiss Supreme Court rejected an appeal against the decision of a cantonal court that had refused to attach assets of the
Arbitration. Enforcement of Award. Setoffs. Post-Judgment Interest. District court declines to entertain setoff of arbitral award and stay enforcement action in anticipation of further setoff claims and holds that post-judgment interest on awards accrues at the rate provided for in 28 U.S.C. 1961 unless the parties' contract unequivocally and unambiguously expresses an intent to the contrary.
Perenco Ecuador Ltd. ("Perenco"), a company owned by French nationals and incorporated under the laws of the Bahamas, explores and exploits
Arbitration. Enforcement of Arbitration Clause. District court finds international arbitration clause enforceable notwithstanding state anti-arbitration law and preemption under McCarran-Ferguson Act.
Plaintiff Foresight Energy, LLC ("Foresight Energy") is a coal producer that owns and operates mining complexes. Foresight Energy carried all-risk
Writ jurisdiction not bound by 'seat' of arbitration
In an arbitration agreement, parties can agree on a 'seat' and 'venue'. The 'seat' in arbitration law refers to the legal jurisdiction
Enforcement of intra-EU awards: current outlook
Since our last update on the issue in late February 2023, further decisions on the enforceability of intra-EU investor-State awards came to light
Arbitration agreement, which is part of an unstamped contract, has no existence
In the recent case of N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd (Judgment dated 25 April 2023), the Supreme Court held that
Arbitration. Confirmation of Award. Subject Matter Jurisdiction. District court holds that challenges to arbitral award that could have been raised before arbitration panel do not serve to strip courts of subject matter jurisdiction.
Doraleh Container Terminal SA ("DCT"), a Djiboutian Joint Venture between Djibouti's port authority, Port de Djibouti SA, and DP World Djibouti ("DP
Who watches the watchers? - German court grants an anti-anti-anti-suit injunction in respect of a dispute over enforceability of an ICSID award
In a 2 May 2023 judgment, the Higher Regional Court of Hamm issued an injunction enjoining the German investors, RWE Innogy GmbH and RWE Innogy Aersa
The Saudi Center for Commercial Arbitration Publishes the Second Edition of its Rules
The Saudi Center for Commercial Arbitration (SCCA) has published the second edition of its Arbitration Rules, which came into effect on May 1, 2023
The Second Law Commission's Consultation Paper on Reforming The Arbitration Act 1996
The second consultation by the Law Commission on reforms to the Arbitration Act 1996 (the Act) has just closed. The Law Commission’s consultation
Abu Dhabi Court upholds out-of-scope award and indirect arbitration claims
A recent case from the Abu Dhabi Cassation Court serves as an exemplary canvas on which several key arbitration concepts were explored, particularly
PAGA Paraphrased - Gregg v. Uber Technologies, Inc., 89 Cal.App.5th 786 (2023)
The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA